Subject:
Title
Case No. Q CU-17-7-16 (Renee’ Letosky-Smith (Briggs))
A request for a modification of an existing conditional use to allow for the day care, training, grooming, and overnight boarding of up to 100 dogs and to allow for the boarding of three horses on a property without a primary residential use, a variance to allow an existing 6-foot-high fence to remain with a 0-foot front setback where 50 feet is required in an A-E zone, and a variance to allow for the construction of a 36-square-foot sign where a maximum 24-square-foot sign is permitted in a residential district on approximately 1.3 acres located at 2845 Belcher Road in the unincorporated area of Dunedin.
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Recommended Action:
Recommended Action
Denial of Case No. Q CU-17-7-16: A Resolution approving the application of Renee’ Letosky-Smith (Briggs) for a modification of an existing conditional use to allow for the day care, training, grooming, and overnight boarding of up to 100 dogs and to allow for the boarding of three horses on a property without a primary residential use.
Approval of the requested variance to allow the existing 6-foot high fence to remain with a 0-foot front setback where 50-feet is required in an A-E zone, and the requested variance to allow for the construction of a 36 square foot sign where a maximum 24 square foot sign is permitted in a residential district, subject to the following conditions: 1) all required permits shall be obtained and applicable fees paid; 2) full site plan review; and 3) the development shall maintain substantial conformance with the submitted concept plan with respect to the variance requests.
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Strategic Plan:
Deliver First Class Services to the Public and Our Customers
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Summary:
The subject area is a 1.3-acre parcel located at 2845 Belcher Road, approximately 0.35 mile north of SR-580. It does not front Belcher Road as it is removed from the roadway by a separate 200-foot deep parcel of land. Site access is via a dedicated ingress/egress easement. The site is currently used as a dog kennel on its western side and for the boarding of two horses on its eastern end. The proposed use is an expansion of the kennel regarding the number of dogs and the addition of ancillary activities such as doggie daycare, grooming and agility training. The applicant also wishes to continue boarding horses and is asking for two variances related to fence height and sign size.
The subject site is zoned A-E, Agricultural Estate Residential. The Pinellas County Land Development Code requires kennels located in the A-E district to obtain conditional use approval. The Board granted such an approval on the subject property in 1995. The conditions of that approval limited the kennel to a maximum of 15 dogs associated with the breeding of Labrador Retrievers. At the time, the property was also utilized as a full-time residence. Since then, property ownership has changed, no one resides there anymore, and the number of boarded dogs has increased beyond the approved maximum (average number of 45, with up to 70 documented at one time). The purpose of this current application is to bring the operation into compliance and expand its size and scope. Specifically, the applicant is requesting approval to have up to 100 dogs on the property at any given time via a combination of activities, including overnight boarding, doggie daycare, grooming and agility training.
In addition to the kennel and it ancillary activities, the applicant wishes to continue boarding horses in an area toward the rear (east side) of the property. The initial proposal was to board up to three horses, but the applicant changed the request to two horses at the Local Planning Agency public hearing. Conditional use approval is required for the boarding of horses when an A-E designated property is not primarily used for residential purposes.
The applicant is also requesting the following two variances in association with the conditional use application: 1) to allow for an existing six-foot high opaque fence to remain with a zero-foot front setback where 50 feet is required in an A-E zone, and 2) to allow for the construction of a 36 square foot identification sign where a maximum 24 square foot sign is allowed in a residential district. Fences within front setbacks are typically limited to three-feet in height or somewhat higher if they are considered decorative. The intent of the height limitation is to maintain aesthetic compatibility with surrounding properties and to promote roadway visibility, which is a safety issue. The six-foot high fence is approximately 200 feet from the Belcher Road right-of way and will not impact it in any way. The proposed sign would also be far from the roadway. Its larger size would provide better visibility for customers and it would not present a clutter issue.
The area surrounding the subject property contains a mix of residential and non-residential uses. Adjacent to the east is a private school, to the north is a church, to the south is a City of Dunedin fire station, and to the west is the 200-foot deep parcel that separates the subject property from Belcher Road. That property contains a vacant single family residential structure. In 2012, the Board approved a now expired conditional use for a veterinary clinic on that site. Residential uses within the City of Dunedin exist on the west side of Belcher Road.
Regarding the kennel request, Staff cannot support such a significant increase in the number of dogs as it could lead to detrimental effects on surrounding properties. The traffic impacts on the property to the west, through which access to the subject property is granted via an easement, could increase substantially. Staff could, however, support a compromise approach. An approval for up to 45 dogs would be in keeping with the average number of dogs that are currently boarded on site during the peak summer season, as stated by the applicant. In this way, surrounding properties would not be subject to significantly increased impacts than what already occurs. Staff supports the addition of the doggie daycare, grooming and agility training as long as the number of dogs on site at any given time does not exceed 45 and all other conditions of the approved conditional use are met.
Regarding the request for the boarding of horses, the Land Development Code allows up to three horses per acre on A-E designated properties that have a primary residential use. The submitted concept plan shows the horse ‘pasture’ area as being approximately 2/3 acre in size. Therefore, staff can support the boarding of two horses subject to conditions, but not the originally requested three.
Staff has no objection with the proposed variances. The six-foot high fence will not impact Belcher Road, will pose no safety issues and will help screen the kennel from neighboring properties. The proposed 36 square foot sign will provide needed visibility and will not promote clutter on the roadway.
Background Information:
Citing evidence of a well-run, clean operation, the Local Planning Agency (LPA) recommended approval of the conditional use and variance requests during its September 15, 2016 public hearing, subject to the following conditions (Vote 5-0):
1. Full site plan review, including a change of occupancy from residential to commercial for the kennel facility.
2. There shall be no more than 100 dogs on site an any given time. Overnight boarding is to be limited to 75 dogs any given time.
3. Hours of business operation shall be between 7:00 AM and 10:00 PM, seven days per week.
4. Agility training shall be limited to two classes per day, three days per week during daylight hours only. No whistles or amplified sound devices shall be used for the operation of the classes.
5. All parking and setback requirements shall be met.
6. The existing 6-foot high fence is to remain with a 0-foot front setback.
7. The boarding of horses shall be for the property owner only and limited to two animals.
8. Dogs shall be boarded indoors only.
9. The identification sign shall not exceed 36 square feet in size and shall be non-digital.
10. All animal waste shall be disposed of properly.
11. All kennel areas shall be soundproofed and certified by a professional engineer or architect as per STC rating in keeping with the Pinellas County Noise Ordinance.
12. The kennel operation shall maintain compliance with Section 14-29 (a) through (g) of the Pinellas County Code, relating to pet dealerships and kennels.
13. No retail sales of pet related products is permitted.
14. The property and its uses shall maintain substantial conformance with the submitted concept plan, as modified to reflect the number of approved animals and approved uses.
15. Any changes to the conditions listed shall require approval of the Board of County Commissioners.
16. In the event any of the above conditions are not met or the conditional use becomes a nuisance, the Board of County Commissioners may rescind the conditional use permit.
This item was originally scheduled for a Public Hearing at the October 25, 2016 Board of County Commissioners Regular Meeting. It was continued at the applicant’s request.
Fiscal Impact:
N/A
Staff Member Responsible:
Renea Vincent, Director, Planning
Partners:
N/A
Attachments:
LPA Report
Case Maps
Resolution
Correspondence
Site Plan
Power Point Presentation
Legal Ad
Ad Map